Drone users are breaking laws by flying in restricted areas and over people, but authorities say it can be difficult gathering the evidence to fine them.

A brief scan across Instagram reveals numerous drone photos which appear to be shot illegally in Australia.

Rules for flying drones in Australia

No flying more than 120 metres above the ground

No flying over or near an area affecting public safety or where emergency operations are underway

No flying within 30m of people

If your drone weighs more than 100 grams you must keep your drone at least 5.5km away from controlled aerodromes

No flying at night

Your drone must stay within your line of sight

No flying over or above people e.g. at festivals, sporting ovals, populated beaches, parks, busy roads and footpaths

Flying must not create a hazard to another aircraft, person, or property

No flying in prohibited or restricted areas

Local council and/or national park laws prohibit drone flights in certain areas

Source: CASA

People have published images from no-fly zones, overpopulated beaches, and from altitudes greater than 120 metres.

As drone sales increase, so do the number of people breaking the law, but fining them can be difficult.

"Getting that evidence can be difficult because we won't have seen the activity and we rely on witness statements, video, and photo evidence," Civil Aviation Safety Authority (CASA) spokesperson Peter Gibson said.

"Someone can see a drone breaking the law, but not identify the person flying it and we can't prove who was flying it."

Mr Gibson said CASA issued 30 fines last year for illegal drone use and has already issued 40 this year.

While fine numbers could be increasing, so is drone ownership, with estimates of between 100,000 and 150,000 drones in the country.

Crashing drone into Melbourne's Eureka Tower

Wollongong drone user Jake Lapham had only owned his drone a few weeks when he launched it in Melbourne to film some spectacular sunrise footage at the Eureka Tower.

The aircraft went behind the tower, lost contact with its controller, and tried to return to its launch point as the crow flies.

It crashed into the tower and a few weeks after leaving his details with the building managers, while trying to find his new drone, Mr Lapham received a call.

"I'd done more studying on no-fly zones by this point and realised I was in trouble," he said.

"Three weeks later I got a $1,000 fine in the mail."

Since then, Mr Lapham has been using CASA's Can I Fly There app which uses live GPS to show where a drone can and cannot be flown.

"At the time [of the crash], the CASA app wasn't out and it is invaluable to help drone owners fly safely," he said.

"I am a lot more careful flying within Australia now I know CASA is watching.

"I have a friend who's been fined from social media evidence and people reporting him, so now I fly within the rules and am sensible because it's only a matter of time until someone flies in a reckless manner and something bad happens with an aircraft."

Social media evidence not enough to prosecute

CASA has openly warned drone users they will use social media to help prosecute illegal activity.

"The challenge is proving who was flying it at the time and we have used social media for that, but it can be difficult," Mr Gibson said.

"It's not easy to get enough evidence to issue fines but we're working on that all the time and we encourage people to send reports to us.

"Even if they can't provide the information needed, it gives us a picture of drone non-compliance."

Mr Gibson said while the number of fines was not especially large, most were more than $1,000.

CASA has defended its evidence standards despite people flagrantly breaking the law.

"It's not frustrating because as a responsible aviation safety regulator, when we're going to take action, it has to pass the proof of evidence test," Mr Gibson said.

"We need to prove the breach was there with evidence, otherwise that wouldn't be fair to the drone-flying public if we did anything less than that — it's a good process."